This website is
 sponsored.gif

banner.gif

 Welcome    Main    Forum    FAQ    Useful Links    Sample Letters   Tribunal  

PART I - PRELIMINARY

1. Short title.

2. Application.

3. Commencement.

4. Interpretation.

5. Construction of the Act
 

PART II APPLICATION FOR SUBDIVISION OF A BUILDING

6. Buildings capable of being subdivided.

7. Proprietor of alienated land may apply for subdivision of a building.

8. Circumstances in which it is compulsory for a proprietor to apply for subdivision of a building.

9. Conditions for approval.

10. Application for subdivision of building.

10A. Application for subdivision in the case of phased developments.

11. Withdrawal of applications.

12. Powers of Director of Lands and Mines in relation to applications.

13. Action by Director of Survey after approval of subdivision.

14. Issue of strata titles to individual parcels.

14A. Failure to pay amount demanded.
 

PART III - REGISTRATION OF STRATA TITLES

15. Preparation and maintenance of strata register.

16. Documents of strata title.

17. Effect of opening of book of strata register.

18. Share units of parcels.

19. Provisional share units of a provisional block.
 

PART IV - PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING

20. Application for strata titles upon completion of buildings.

21.Power of Director of Lands and Mines in relation to application.

22. Action by Director of Survey after approval.

22A. Failure to apply under section 20.

22B. Failure to pay amount demanded.

23. Modification of strata register, issuer of fresh documents of titles and cancellation of provisional document of title.
 

PART V - SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS

24. Interpretation.

25. Power to divide and amalgamate parcels.

26. Effect of division or amalgamation.

27. Conditions for approval of division or amalgamation.

28. Application for approval.

29. Action by Director of Survey.

30. Land Administrator to transmit application to Director of Lands and Mines.

31. Power of Director of Lands and Mines in relation to application for division or amalgamation.

32. Preparation of new certified strata plan by Director of Survey.

33. Modification of strata register and issue of fresh documents of title.

33A. Effect of registration in respect of common property created upon division or amalgamation.
 

PART VI - RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS

34. Rights of proprietor in his parcel and common property.

35. Rights of support, service and shelter.

36. Share unit entitlements.

37. Restrictions on voting rights.

38. Power of court where no person is able to vote in respect of a parcel.
 

PART VII -  MANAGEMENT OF A SUBDIVIDED BUILDING

39. Establishment of management corporation.

40. Restrictions imposed on management corporation during initial period.

41. Duty of original proprietor to convene first annual general meeting.

41A. Contributions payable by parcel proprietors.

42. Ownership of common property and custody of issue document of title.

43. Duties and powers of management corporation.

44. By-laws for the regulation of a subdivided building.

45. Management fund.

46. Special account.

47. Acquisition of additional land, grant and acceptance of easements, etc.

48. (Deleted).

49. Rating.

50. Director may appoint managing agent to exercise or perform certain powers, etc

51. Appointment of administrator for management corporation.

52. The recovery of sum as debt due to management corporation.

53. Recovery of sums due.

53A. Recovery of sums by attachment of movable property.

54. Service of documents.

55. Breaches of provisions of this Part.

55A. Failure to pay contributions.
 

PART VIII - TERMINATION OF SUBDIVISION OF SUBDIVIDED BUILDING

56. Power of court when subdivided building is damaged.

57. Termination of subdivision.
 

PART IX - PROVISIONS FOR LOW-COST BUILDING

58. Classification of low-cost buildings.

59. Application for subdivision by proprietor of low-cost building.

60. Application for this Part upon opening of a book of the strata register.

61. Duties and powers of the original proprietor before the establishment of the management corporation.

61A. Restrictions imposed on original proprietor during period before management corporation comes into existence.

62. Applicability and modification of by-laws in Third Schedule during the period before the establishment of the management corporation.

63. Management fund established by original proprietor.

64. Establishment of management corporation.

64A. Application for establishment of management corporation.

65. Duty of original proprietor to convene first annual general meeting.

66. Management fund established by management corporation.

66A. Breaches of provisions of this Part.

67. Duties and powers of persons or body appointed by State Authority.
 

PART IXA - STRATA TITLES BOARD

67A. Strata Titles Board.

67B. Tenure of office.

67C. Continuation of hearing.

67D. Bar to actions.

67E. Allowances.

67F. Board to carry out its work expeditiously.

67G. Proceedings of Board.

67H. Order revoking amendment of by-laws.

67I. Order invalidating purported by-law.

67J. Power of Board to invalidate proceedings.

67K. Order varying certain rates of interest.

67L. Order where voting rights denied or due notice of item of business not given.

67M. Order varying amount of insurance to be provided.

67N. Board may settle disputes on costs of repairs, etc.

67O. Order to make or pursue insurance claim.

67P. Order to supply information or documents.

67Q. Order with respect to certain consents affecting common property.

67R. General provisions relating to orders under this Part.

67S. Representation before the Board.

67T. Witness may be summoned before Board.

67U. Board may administer oath or affirmation.

67V. Penalty for contravention of certain orders.

67W. Time when order takes effect.

67X. Appeal to High Court on point of law.
 

PART X - MISCELLANEOUS

68. (Deleted).

69. No dealing in accessory parcel independent of a parcel.

70. No dealing in provisional block.

71. (Deleted)

72. (Deleted)

73. Other rights and remedies not affected by this Act.

74. Jurisdiction of the Magistrate's Court.

75. Legal proceedings.

76. Management corporation as representative of proprietors in legal proceedings.

77. Power of management corporation to take proceedings as agent for proprietors in case of defects to parcels.

78. Costs in proceedings by proprietors against management corporation.

79. Limitation Act 1953 not to extend to common property.

80. Power of entry by public or local authority.

80A. Prosecution.

81. Power of State Authority to make rules.

82. Transitional provision.

83. Repeal and amendment of provisions of the National Land Code.

84. Amendment of Forms.

85. Transitional provision with respect to rules, orders, etc.
 

FIRST SCHEDULE - FORMS

Form 1 - Application for subdivision of building.

Form 2 - Strata Register Index Book for Title No

Form 3 - Strata Register Statement Book for the Title No

Form 4 - Strata Title

Form 4A - Provisional Strata Title - Dealings Prohibited

Form 5 - Application for the issue of separate strata titles upon completion of building in respect of a provisional strata title

Form 6 - Application for division of parcel

Form 7 - Application for amalgamation of parcels

Form 7A - Warrant of Attachment

Form 7B - Notice and Inventory

Form 8 - Notification of intended termination of subdivision of subdivided building.
 

SECOND SCHEDULE - PROVISIONS FOR MANAGEMENT CORPORATION.

  1. Interpretation.

  2. Constitution of council.

  3. Meetings.

  4. Quorum for council meetings.

  5. Delegation of powers and duties.

  6. Power to employ agents and servants.

  7. Proceedings of council.

  8. Annual general meeting.

  9. Extraordinary general meetings.

  10. Notice of general meeting.

  11. Quorum of general meeting.

  12. Chairman of general meeting.

  13. Manner of deciding questions at general meeting.

  14. Proxy.

  15. Voting rights of proprietor.

  16. Voting rights of co-proprietor.

  17. Common Seal.

  18. (Deleted).

THIRD SCHEDULE - BY-LAWS FOR THE REGULATION OF SUBDIVIDED BUILDINGS.

Part I

  1. Interpretation.

  2. Duties of proprietor.

  3. Common property for common benefit.

  4. Provision for amenities or services.

  5. Functions of the corporation.

Part II

  1. Prohibitions for proprietor.

FOURTH SCHEDULE

REPEAL AND AMENDMENT OF PROVISIONS OF THE NATIONAL LAND CODE.

Part I - Provisions which are repealed.

Part II - Provisions which are amended.

 

Main   Forum  FAQ  Useful Links  Sample Letters  Tribunal  

National House Buyers Association (HBA)

No, 31, Level 3, Jalan Barat, Off Jalan Imbi, 55100, Kuala Lumpur, Malaysia
Tel: 03-21422225 | 012-3345 676 Fax: 03-22601803 Email: info@hba.org.my

© 2001-2009, National House Buyers Association of Malaysia. All Rights Reserved.